Hira Lal Dua v. CBI, ACB Delhi

1. Notice.

2. Ms.Sonia Mathur, Advocate accepts notice on behalf of CBI.

3. By moving this petition, the petitioner has prayed for setting aside the order dated 21.04.2012 passed by learned Special Judge (CBI) vide which, on failure of the counsel for the petitioner to appear and cross examine the complainant present, the witness was discharged and matter was fixed for final arguments for today i.e. 04"^ May, 2012.

4. Arguments on the application heard. CrI.M.C. 1524/2012 I of[3] 2012:DHC:8267

5. Learned counsel for the petitioner submits that in this case, while leading the evidence, the CBI has proved call details of mobile number 98115099838 through PW-10. Since the calls details proved by the CBI were regarding the calls made by PW-3 Krishna Goel on the said mobile, learned counsel for the petitioner moved an application under Sec.311 CrPC so that PW-3 could be further cross examined regarding those call details. The said application was allowed by Ld. Special Judge (CBI) vide order dated 07.02.2012 and petitioner was permitted to recall PW-3 for 29.02.2012 and cross examine her only in respect of call detail records. It has been further submitted by learned counsel for the petitioner that on 29.02.2012 he could not attend the court due to extreme personal difficulty and matter was adjourned to 20.03.2012 on which date, complainant did not appear due to medical reasons and matter was again adjourned for 21.04.2012. Learned counsel for the petitioner has further submitted that on 21.04.2012 he could not attend the Court as he had gone to Jammu due to death of his relative and the learned Special Judge has discharged the witness and posted the matter for final arguments.

6. Perusal of the record reveals that for the just decision of the case, not only the application of the petitioner was allowed at the belated stage i.e. final arguments, but ample opportunities were also provided to the petitioner to cross examine PW-3 in respect of call details. The witness has also repeatedly appeared before the Court and for whatsoever reason, could not be cross examined, thus hardly leaving any option before learned Special Judge but to discharge the witness and post the matterfor final arguments.

7. Considering the facts and circumstances of the case and in the interest of justice and for the just decision of the case, the petition is Cr/.M.C. 1524/2012 2 of[3] V / I I,llo..d and i»Btk»<r B „ i»y™« her, no further opp j^e on leave. g order dasti. ^BHA irrf^ may 04, 2012 'St'